May 2, 2011
This responds to your inquiry (11-29) asking whether you may participate as co-chair of a bar association’s subcommittee formed to address the issue of Brady disclosure and other related Brady issues. Specifically, this subcommittee will address a prosecutor’s duty to disclose any exculpatory or impeachment evidence material to the outcome of a criminal case. In addition, the subcommittee intends to comment on prospective legislation and possibly create a set of protocols to further Brady’s goals.
It is ethically permissible for a judge to engage in activities which are, like this one also appears to be, “devoted to the improvement of the law, the legal system or the administration of justice” (see 22 NYCRR 100.4[C]).
Enclosed, for your convenience, are Opinions 08-137, 08-09, 07-126, 02-84, and 89-91 which address this issue.
Very truly yours,
George D. Marlow, Assoc. Justice
Appellate Division, First Dept. (Ret.)